Contempt Form

CONTEMPT This packet contains forms and information on: 1. How to File A Petition for Citation of Contempt

It is advisable to have an attorney when filing legal papers to be sure that your rights are protected and that all the procedures are correctly followed. Courthouse personnel are prohibited by state law O.C.G.A. § 15-19-51 from giving legal advice. Different situations may require special procedures and courthouse personnel cannot advise you on how to proceed or what forms may be necessary in specific situations.

HOW TO FILE A PETITION FOR CITATION OF CONTEMPT ________________________________________________________ You would use this packet only if the other side lives in DeKalb County and you have a Superior Court Order from Georgia, or you have a Court Order from DeKalb County Superior Court which orders your exspouse or the other parent of your child(ren) to do certain things, and that person has not done them. You can use this if: • • • •

you have not received child support as ordered OR you have not been permitted to visit with your child(ren) as ordered OR the other person has not turned over property as ordered or has not performed other acts as ordered OR the other person has not obtained health insurance or paid you back for medical expenses as ordered

If your ex-spouse no longer lives in Georgia and you need to file a contempt for custody or visitation against your ex-spouse, you must seek the advice of an attorney, unless your ex-spouse can be personally served while in Georgia with a copy of your petition that was filed in Georgia. If your ex-spouse no longer lives in Georgia, you can use these forms to file a contempt action for nonpayment of child support/alimony, to obtain health/life insurance, to pay medical expenses, to turn over property , or pay other expenses. If you have a court order from another state, please contact an attorney. STEP 1: Fill out the Petition for Citation of Contempt STEP 2: Fill out the Verification form to go with the Petition STEP 3: Fill out the Rule Nisi form Note that most petitions require summons to be attached to your petition for service. However, for a contempt action the Rule Nisi serves as your summons. STEP 4: Complete the form for Service (must be obtained from the Clerk/Sheriff’s Office) STEP 5: Make a copy of your Court Order and attach it to the Petition for Citation of Contempt STEP 6: Put the documents in order STEP 7: Make two (2) copies of each document STEP 8: File the original documents with the Clerk of Court STEP 9: Take one (1) copy to the Sheriff’s office. STEP10: Come to Court on the date and time indicated on the Rule Nisi form

How to File a Petition for Citation of Contempt-rev. 4/01 2001 DeKalb County Superior Court Family Law Information Center

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HERE ARE DETAILED INSTRUCTION HOW TO FILL OUT THE FORMS: Step 1:

The Petition for Citation of Contempt: You are the Petitioner. Fill in your full name on the line after “Petitioner”, and on the line after “NOW COMES”. ! The Respondent is the person who has not obeyed the Order. Fill in that person’s full name on the line after “Respondent”. ! Leave the Civil Action File Number blank. It will be filled in by the Clerk of Court when you file the Petition. In Paragraph 1: • Fill in the county which issued the order. • Fill in the name of the case where you got the order that is not being obeyed. You can find this at the top of your original court order. (Example: Joe Smith v. Jane Smith) • Fill in the case number from that case. • Fill in the date the judge signed the Order. It will be on the last page of the Order above the Judge’s Signature. In paragraph 2: • Put an “x” in the box that is true and fill in the blank. In Paragraph 3: • You should put an “x” in all boxes that are true. • If you did not get items the Court ordered, you should list them on the lines. • If you did not get medical insurance or have not been re-paid for medical costs, list that. • Then put the date of the day you finish the form, sign your name, and then print your name, address, and telephone number. Make sure your printing is clear. !

STEP 2:

The Verification, tells the Court that you swear, under oath, that what you wrote or put in the Petition is true and correct. 1. Print or type your full name next to the word “Petitioner”. 2. Print or type the full name of the person disobeying the order next to the work “Respondent”. 3. Next to the word “I”, print or type your name. 4. Where it says: This ______ day of _______, 20_____, fill in the date, month and year where Indicated. 5. Print or type your full name where indicated, and fill in your address and telephone number. DO NOT SIGN THIS. YOU MUST SIGN IT ONLY IN FRONT OF A NOTARY PUBLIC. You can find a Notary Public at banks, the post office, the DeKalb County Law Library, and the Family Law Information Center.

STEP 3:

The Rule Nisi, is the form you use to set a hearing date. 1. Fill in your full name as Petitioner and the other person’s full name as Respondent. You must Have a hearing date attached to your petition. Take the papers to the Clerk of Superior Court’s Office. The clerk will instruct you on how to get a hearing date. 2. The Court clerk will fill in the rest when you take the papers to be filed.

STEP 4:

A.

The Petition for Citation for Contempt must be Served on the opposing party. You can either have the sheriff serve the papers or if the Respondent is willing to sign an Acknowledgment of Service form, you may serve the papers. The Sheriff’s Entry of Service is used by the Sheriff when he/she serves a copy of these papers on the Respondent. You can get this form from the sheriff’s office in the courthouse building .

How to File a Petition for Citation of Contempt-rev. 4/01 2001 DeKalb County Superior Court Family Law Information Center

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FILLING OUT THE SHERIFF’S ENTRY OF SERVICE 1. 2. 3. 4. 5.

Write your address under “Petitioner’s Address” on the left. Put the Respondent’s full name and address under “Name and Address of Party to be served. On the right, put your full name on the line above Petitioner. On the right, put the Respondent’s full name on the line above Respondent. Make a copy of the Court Order that the opposing party failed to follow, and attach it to the Petition for Citation of Contempt.

HOW TO PUT THE PAPERS TOGETHER: Put them in this order, with the first ones on top and the rest behind: Sheriff’s Entry of Service Petition A copy of the preexisting Court Order that the opposing party failed to follow Verification Rule Nisi 1. Make three (2) copies of the whole package. 2. Take the package to the Clerk’s Office to file it. Have the clerk fill in the case number and Rule Nisi Form for all three copies. Make sure that you tell the clerk that you need a hearing date for your Rule Nisi Form. Have the clerk stamp your copies. Maintain a copy of your records. 3. Take one copy of the package to the Sheriff’s office so that the Sheriff can serve it on the opposing party. There will be a service fee imposed. Check with the sheriff’s department for the schedule fee. 4. Come to Court on the date and time as indicated on the Rule Nisi form for your hearing (trial). You should go to the courtroom indicated on the Rule Nisi form, and let the case manager know that you are there. Then wait for your case to be called by the judge. For further instructions on presenting your case, see the instructions titled, “How to Prepare your Case for Trial.”

*Fees subject to change. Please check with the Clerk’s Office.

How to File a Petition for Citation of Contemp-rev. 4/01 2001 DeKalb County Superior Court Family Law Information Center

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Petitioner:___________________________________ Civil Action File No:_______________________ and Respondent:_________________________________ PETITION FOR CITATION OF CONTEMPT NOW COMES _______________________________ (your full name), Petitioner in the above-styled action, and files this Petition for Citation of Contempt and shows the Court as follows: 1.

An Order was entered in the Superior Court of __________________________ County as follows: The case name as it appeared in the prior action:_______________________________________ Civil Action File Number (use the letter and number from that case):_______________________ The date the Order was filed in the Court:____________________________________________ A copy of that Order is attached.

2.

Respondent is subject to the jurisdiction of this Court (where Respondent lives in Georgia or can be personally served in Georgia) and may be personally served with a copy of this Petition and Rule Nisi at ______________________________________________________________________________. Respondent is not a resident of DeKalb County. Respondent lives in _________________ County, Georgia and shall be served with a copy of this Petition and Rule Nisi by second original. Respondent is subject to the jurisdiction of this Court pursuant to the Georgia Domestic Relations Long Arm Statute (where Respondent is a non-resident of Georgia and you are seeking a contempt action against the opposing party for failure to pay child support/alimony, to obtain health/life insurance coverage, to pay medical expenses, to turn over property, or to pay other expenses) an may be personally served with a copy of this Petition and Rule Nisi at________________________________ by second original.

3.

In the prior Order, Respondent was ordered: (check all that apply) to pay to Petitioner the amount of $____________ per ______________ per child in child support, and owes $___________to Petitioner as of the date of the filing of this Petition to allow Petitioner to visit with the minor child(Ren) but has refused to do so to give to Petitioner the following possessions but has refused to do so:________________________ ________________________________________________________________________________ ________________________________________________________________________________ to pay for and have medical insurance for the minor child(ren) to pay me back for medical bills in the amount of $ _____________________________ other: _______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Petition for Citation of Contempt-rev. 4/01 2001 DeKalb County Superior Court Family Law Information Center

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4.

Respondent was able to do what the Court ordered. Respondent’s refusal to do so is willful.

5.

Respondent should be held in contempt of this Court’s Order and confined to the common jail of DeKalb County until he/she purges him/herself of said contempt.

6.

Respondent should be ordered to reimburse Petitioner for payment of filing this action and cost of service.

WHEREFORE, Petitioner demands: 1. 2. 3. 4. 5. 6. 7.

That process and summons issue as provided by law; That Respondent be served with a copy of Petitioner’s Petition for Citation of Contempt; That Respondent be held in contempt for failure to obey the terms of the Court’s Order; That a Rule Nisi hearing be set ordering Respondent to come to Court and tell the Judge why Petitioner’s Petition should not be granted; That Respondent be ordered to reimburse Petitioner for the cost of filing and serving this action; That Petitioner be awarded any other relief this Court finds right and proper.

This the ______________________ day of __________________, _________. [day] [month] [year]

______________________________________________________ (Sign your name here) Pro Se Petitioner’s name (print or type):_____________________________ Petitioner’s address:______________________________________ ______________________________________________________ Petitioner’s telephone number:(___)_________________________

Petition for Citation of Contempt-rev. 4/01 2001 DeKalb County Family Law Information Center

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IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

Plaintiff:________________________________ Civil Action Case Number:_____________________ vs Respondent:_______________________________ VERIFICATION

My name is _______________________________________ , I hereby swear or affirm, before a notary public, that I have read the following document [ fill in name of document being verified]: _______________________________________________________________, which I am filing in court with this Verification, and the facts stated in the document are true.

______________________________________________________

Plaintiff

Defendant

Sworn to and subscribed before me, this ______ day of _____________, ______. ________________________________ NOTARY PUBLIC My Commission Expires: (Notary Seal)

Contempt Verification Form-rev. 4/01 2001 DeKalb County Superior Court Family Law Center

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IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

Petitioner:____________________________

Civil Action Case Number:_________________

and Respondent:__________________________

RULE NISI This action has been filed. Therefore, let the parties appear before the Honorable Judge_________________________ of Dekalb County Superior Court, in Courtroom________, in the Judicial Tower of the DeKalb County Courthouse, 556 North McDonough Street, Decatur, Georgia on ____________________, 200______ at _________o’clock___.m. to show cause why the relief sought should not be granted. Issued on ___________________________________________, 200__. ____________________________________________________

Deputy Clerk Presented by: ___________________________________ Plaintiff

Rule Nisi Form-rev. 10/04

Defendant